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Article • March 15, 1999 • from PLN March, 1999
Arkansas Sheriff Bent on "Saving" Prisoners by Arkansas Sheriff Bent on "Saving" Prisoners They call him "Sheriff Andy," you know, just like the TV show. But if your butt lands in Sheriff Andy Lee's Benton County (Arkansas) jail, you won't think you're stuck in a Mayberry R.F.D. rerun. More like …
Article • March 15, 1999 • from PLN March, 1999
Work-Release Prisoners Eligible to Vote on Union Representation by Apanel of the National Labor Relations Board (NLRB), upon reconsideration of its original determination, has held that four work-release employees share a sufficient "community of interest" with the regular "free-world" unit employees, so they are eligible to vote in union representation …
Jail Brutality Verdict Reversed Due to Improper Argument and Jury Instruction by The court of appeals for the Seventh circuit reversed a jury verdict in favor of jail guards because their lawyer argued the detainee-plaintiff's attorney did not believe his client. The court also held that a jury instruction on …
Retaliatory Beating of Prisoner Is Triable Fact Issue by Afederal district court in New York has held that a prisoner who alleged he was beaten by guards in retaliation for filing grievances against the guards presented a disputed material fact issue precluding summary judgment for the guards. Ramel Mahotep, a …
Administrative Exhaustion Doesn't Include Judicial Remedies by The court of appeals for the Third circuit held that the Prison Litigation Reform Act's (PLRA) administrative exhaustion requirement does not include judicial exhaustion as well. Hassan Jenkins, a New Jersey state prisoner, filed suit in federal court claiming his due process rights …
Article • March 15, 1999 • from PLN March, 1999
PLRA "Three Strikes" Provision Upheld and Discussed by PLRA "Three Strikes" Provision Upheld and Discussed The ostensible purpose of the Prison Litigation Reform Act (PLRA) was to curtail frivolous litigation by prisoners. 28 U.S.C. § 1915(g) was enacted which does not allow In Forma Pauperis (IFP) status for prisoners that …
Article • March 15, 1999 • from PLN March, 1999
Pennsylvania Consent Decrees Terminated Under PLRA by In two separate rulings, different federal district courts in Pennsylvania held the consent decree termination provisions of the PLRA to be constitutional and dissolved the decrees at issue. In the July, 1998, issue of PLN we reported Imprisoned Citizens Union v. Shapp, 977 …
Article • March 15, 1999 • from PLN March, 1999
"Tough" Florida Sheriff Arrested by "Tough" Florida Sheriff Arrested Admitting he committed a "sinful, wrong and criminal act," Marion County (FL) Sheriff Ken Ergle resigned October 15, 1998, after state officials charged him with grand theft and official misconduct. Ergle surrendered to Florida Department of Law Enforcement (FDLE) investigators, who …
Article • March 15, 1999 • from PLN March, 1999
Eighth Amendment Applies to Escaped Convicts by The court of appeals for the Sixth circuit held that escaped convicts are not subject to Fourth Amendment protections simply because they are outside of a facility. Only the Eighth Amendment applies. Since the law in this regard was unsettled, a guard who …
Article • March 15, 1999 • from PLN March, 1999
AHCC Bulk Mail Ban in Miniken Settled by In the February, 1998, issue of PLN we reported Miniken v. Walter, 978 F. Supp. 1356 (ED WA 1997). In that ruling the court held that the Airway Heights Corrections Center's (AHCC) in Washington, ban on third class mail was unconstitutional as …
Full Court Overrules Clarke v. Stalder in Part by The court of appeals for the Fifth Circuit, sitting en banc, vacated the original panel decision in Clarke v. Stalder, 121 F.3d 222 (5th Cir. 1997), on rehearing. The majority opinion held that a prisoner was precluded from bringing a claim …
Article • March 15, 1999 • from PLN March, 1999
Lengthy Ad Seg Is Atypical and Significant Hardship by Lengthy Ad Seg is Atypical and Significant Hardship Afederal court in New York has held that uninterrupted confinement in administrative segregation (ad seg) for more than four years is an atypical and significant hardship, implying a liberty interest protected by the …
Kansas Good Time Rules Violate Ex Post Facto by The Kansas supreme court held that application of new prison rules that allow for the forfeiture of good time credits to prisoners convicted before the rule's implementation violates the ex post facto clause of the U.S. constitution. In a second cae, …
Article • March 15, 1999 • from PLN March, 1999
Retroactive Kansas Good Time Recalculation Unlawful by In an unpublished opinion, the Court of Appeals for the State of Kansas held that the changes in the Kansas prison system's regulations interpreting the application of good time credits toward a prisoner's conditional release date could not be applied retroactively to offenses …
Judicial Sentence of Life in Solitary Upheld by The court of appeals for the Second circuit affirmed a court imposed sentence of life imprisonment in solitary confinement and prohibiting all communication with anyone except the defendant's attorney and close family members after the district court had approved them. The appeals …
Article • March 15, 1999 • from PLN March, 1999
South Carolina Grooming Rules Upheld by The court of appeals for the Fourth circuit held that South Carolina prison rules requiring that all male prisoners have short hair and remain clean shaven were constitutional. In 1995 the South Carolina Department of Corrections implemented numerous "get tough" measures on prisoners, this …
Warden May Be Liable for Rape by The court of appeals for the Eighth circuit held that a district court erred when it granted judgement as a matter of law to a defendant prison warden in a rape case. Kendall Spruce, an Arkansas state prisoner, filed suit claiming his Eighth …
Article • March 15, 1999 • from PLN March, 1999
Filed under: News, News in Brief
News in Brief by Costa Rica : On December 3, 1998, 500 prisoners at La Reforma prison in San Jose rioted to protest the shooting death of one prisoner and wounding of six others who had attempted to escape. The escapees had dug a tunnel outside the prison. Waiting guards …
Article • March 15, 1999 • from PLN March, 1999
From the Editor by Dan Pens Yesterday evening I was walking down the breezeway. A fellow prisoner waved and said, "Hi Dan, how'ya doing?" Without pause I answered, "Well, I'm still standing. Still takin' punches. I guess that's something." That's what being a prisoner involved in The Struggle feels like …
Brief • March 15, 1999
Filed under: Accidents
Liggins v. US, KY, Settlement, Slip and Fall, 1999
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